Providing Essential Items from Zakat Funds: Validity and Fatwa
The Issue of Providing Essential Items from the Zakat Funds of the Bait-ul-Mal
During the month of Ramadan, wealthy individuals generally give their Zakat, some distribute it personally among the poor, needy, and deserving individuals, while others donate their Zakat in the form of cash to religious institutions and organizations like Bait-ul-Mal. These institutions use the Zakat money to purchase essential items for the needy. This practice has been ongoing in the subcontinent for a long time, and charitable organizations in Saudi Arabia also distribute ration packages and some cash to the poor. However, recently, some scholars’ fatwas circulating on social media regarding the validity of this practice have caused a lot of confusion and unease among the general public, leading them to consult various scholars.
Fareed Ahmad from Malegaon writes to me, saying, “These days, there is a problem being discussed regarding the distribution of ration kits from Zakat money, with some people claiming that Zakat is not valid if distributed this way. The question is, when philanthropists donate their Zakat money to the Bait-ul-Mal of their community, and the administrators of Bait-ul-Mal provide ration kits, blankets in winter, and work opportunities like carts for the unemployed, or distribute new clothes during the festivals, is it necessary for the administrators to provide help only in cash, or can they distribute aid in the form of essential items as mentioned above? Please guide us with evidence from the Quran and Hadith.”
Study of Scholarly Fatwas on the Matter
Before answering this question, I have thoroughly studied the fatwas and opinions of various scholars on this issue. I have reached the conclusion that there is no dispute on the fact that a person who has the nisab (minimum amount of wealth) must give Zakat in the form of cash, whether they give it directly to the needy or through religious centers and Bait-ul-Mal. However, the difference of opinion arises regarding whether these centers or Bait-ul-Mal can use the cash Zakat to purchase essential items for the poor, considering their needs and circumstances.
Importance of Bait-ul-Mal in Islam
Before discussing this differing issue, it is important to note that there should be an Islamic treasury or Bait-ul-Mal wherever Muslims reside, through which the needs of the needy in the Muslim community can be met, as we saw during the time of the Prophet (صلى الله عليه وسلم) and the Caliphate. However, due to disunity among Muslims, there is a significant shortcoming in this regard. Nonetheless, some individuals and communities conduct social services through Bait-ul-Mal or religious centers, which is commendable, and improvements are needed in these services. Additionally, there needs to be reform for those who collect charity or donations and then embezzle the funds.
Example from the Time of Caliph Umar (رضي الله عنہ)
Imam Suyuti (رحمہ اللہ) mentioned in Tafseer al-Khulafa that in the early days of the Islamic government, the establishment of Bait-ul-Mal was not as formalized as it was during the time of Caliph Umar (رضي الله عنہ). I would like to present two authentic examples from the time of Caliph Umar to clarify the issue:
- First incident: This is narrated in Sahih Bukhari. Zayd ibn Aslam reports that his father told him that once he was with Umar ibn al-Khattab (رضي الله عنہ) in the market when a young woman approached him and said, “O Ameer al-Mu’mineen! My husband has passed away and left behind some small children. By Allah, we neither have the means to cook food for them nor do we have a farm or milk-producing animals. I fear they will perish from hunger.” She then mentioned that she was the daughter of Khafaf ibn Imaa Ghafari (رضي الله عنہ), who had participated in the Battle of Hudaybiyyah with the Prophet (صلى الله عليه وسلم). Upon hearing this, Umar (رضي الله عنہ) stood still, not advancing further, and said, “You are from a noble lineage.” He then turned to a strong camel tied nearby, loaded it with two sacks of grain, placed money and necessary items between them, and handed the reins to her, saying, “Take this, it will not end before Allah provides you something better.” When someone remarked that this was too much, Umar (رضي الله عنہ) responded, “May your mother mourn you! This woman’s father and brother were with us during a long siege, and we received spoils of war in the morning.” (Sahih Bukhari: 4160)
- Second incident: This is mentioned in several historical books, such as Tareekh al-Tabari, Tareekh Dimashq, and Fadhail al-Sahabah. This is a narration from the slave of Umar ibn al-Khattab (رضي الله عنہ), Aslam. He tells that once they went towards Harrah and saw a fire burning in a place. Umar (رضي الله عنہ) speculated that some riders might have camped there and lit a fire due to the cold. As they approached, they saw a woman with her children crying, and she had placed a pot on the fire. After some interaction, it became clear that the children were crying due to hunger. Umar (رضي الله عنہ) asked what was cooking, and the woman explained that she was trying to make the children sleep by pretending the food was cooking. Umar (رضي الله عنہ) immediately took action. He sent someone to fetch flour and fat, and personally carried it to the woman. He said, “Let me carry it for you.” After the woman had cooked the food and they ate, Umar (رضي الله عنہ) remarked, “I wanted to see what I saw because the children’s crying had disturbed their sleep. I could not leave them like this.” (Fadhail al-Sahabah J1, p. 290-291, Hadith 382)
Lessons from the Time of Caliph Umar (رضي الله عنہ)
These two incidents highlight several lessons regarding the role of Bait-ul-Mal in meeting the needs of the poor in the Muslim society. One key lesson is that the Bait-ul-Mal should exist in Muslim countries to provide for the needs of the poor. The administrators must gather information about the needs of the needy and provide the necessary items accordingly, as the poor often do not speak up due to shame or modesty. In the first example, Umar (رضي الله عنہ) helped the widow and her children by providing them with the essential items, such as food and money. Similarly, in the second example, Umar (رضي الله عنہ) ensured that the woman received flour and fat to cook for her children.
Today, many Muslims are in need of such basic necessities, but unfortunately, very few individuals are dedicated to seeking them out and providing for them. However, with the proper management of Zakat funds and Bait-ul-Mal, this need can be addressed.
Can Bait-ul-Mal Distribute Zakat in the Form of Essential Items?
Now, let’s address the question posed and deduce from the above incidents whether religious centers or the treasury (Bait al-Mal) can carry out such tasks. The answer is absolutely yes. A question arises here: these institutions have cash donations to meet the needs of the people. Can items like food or clothes be bought with the cash of Zakat and distributed accordingly?
Scholarly Fatwas on Distributing Goods with Zakat Funds
There are various fatwas from scholars on this issue. Some scholars say that we cannot buy anything with Zakat money, and must give cash directly to the needy. Due to the length of the discussion, I am not quoting the fatwa that deems this impermissible. However, some scholars assert that, depending on necessity and benefit, items can indeed be distributed to the needy.
When Sheikh Ibn Baz (rahimahullah) was asked whether it is permissible to send food packages, blankets, and clothes bought with Zakat funds to poor Muslim countries like Sudan, Africa, or the Afghan Mujahideen, especially when prices are high or the items are scarce, he responded:
لا مانع من ذلك بعد التأكد من صرفها في المسلمين (Majmu’ Fatawa wa Maqalat Ibn Baz 14/246).
This means there is no harm in this as long as it is confirmed that these items will be distributed among Muslims.
Personal Position on the Matter
Regarding this, I hold the same position that, based on necessity and public benefit, there is no harm in buying and distributing essential items with Zakat money, with the condition that where cash is needed, it must be given as cash.
First reason:
I support this position because Zakat distribution in our society is often flawed.
Firstly: Zakat is not distributed justly in Muslim societies.
Secondly: the main rightful recipients of Zakat are often deprived of it, as most Zakat funds are used for mosques, schools, and centers, which are not listed as legitimate Zakat expenditures. Then, these funds are often used for construction, electricity, water, food, and various other needs.
Therefore, the Muslim community must be moderate in the distribution of Zakat, ensuring that the rightful recipients receive their due, while also addressing other legitimate needs wherever possible.
Second reason:
Another important point is that the amount of Zakat is small, and the number of needy people is large. Furthermore, these needy people often do not have male guardians; and when they do, they may be disabled, weak, sick, or mentally ill. Often, there are many children and women in these households. It is difficult to buy the right items for them with limited funds. However, if a responsible individual buys in bulk, they can obtain items at a lower price, and the goods will be distributed to a larger number of people. This way, the total cost is lower, and the needs of the community are better met. In contrast, buying individually may result in higher costs and waste, while bulk purchasing benefits the needy.
Imam Ibn Taymiyyah (rahimahullah) says that Zakat on cattle, goats, or crops, etc., cannot be given in cash without any genuine need or benefit. He further states that if there is a need or positive benefit, giving Zakat in the form of goods (instead of cash) is permissible. (Majmu’ al-Fatawa 25/82)
Similarly, Sheikh Ibn Baz (rahimahullah) writes that if the necessity of the Zakat recipients is taken into account, it is permissible to buy items like food, clothes, and ration packages instead of giving cash. The value of these items should be equivalent to the Zakat money. For example, if a person is mentally ill or incapable of handling the cash properly, it is more beneficial to give them the equivalent in goods like food or clothes. This stance is supported by the correct opinions of the scholars. (Fatwa Ibn Baz: 14/253)
Sheikh Muhammad bin Salih Al-Uthaymeen (rahimahullah) initially said that the person giving Zakat cannot provide items instead of cash. However, he later added that if there is concern that the family will misuse the Zakat money for unnecessary things, one can speak to the head of the household (father, mother, brother, uncle) and ask them what goods are needed, and buy and give them directly. This method would be permissible, ensuring the Zakat is used appropriately. (Majmu’ Fatawa Ibn Uthaymeen: 18/Question 643)
Third reason:
At the end of Ramadan, it is obligatory to give Zakat al-Fitr, which is a form of Zakat. It is traditionally given in the form of grain, but many scholars agree that in light of the needs of the poor, giving the equivalent amount in cash is permissible, and some even argue that cash should be given instead of grain. If we can give cash for Zakat al-Fitr based on the need of the poor, why can’t we do the same with regular Zakat?
Other important considerations on this issue:
- When distributing items based on need and benefit, it is essential not to give unnecessary items. Only distribute what is truly required by the needy.
- Sometimes, cheap or expired goods are purchased, which is wrong.
- Some needy people may not need goods but require cash. In such cases, it is important to gather information about their needs and provide money to them.
- Along with food packages, some cash should be given to cover any further needs, as mentioned in the earlier story about Umar ibn al-Khattab (ra), who gave both goods and money to the needy woman.
Summary of this topic:
When a wealthy person gives Zakat directly to a needy person, it should always be in the form of cash. Similarly, if someone gives Zakat money to a Bait al-Mal (treasury), it will also be considered fulfilled if given in cash. It is then the responsibility of Bait al-Mal to distribute the money where cash is needed and, where necessary, to buy goods for distribution.
Answer: Maqbool Ahmad Salafi
Islamic Dawah Center, Misrah – Taif
